HB969.html

To amend Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to grants of pardons, paroles, and other relief, so as to define the term "serious felony"; to provide that for a conviction of a serious felony in which the defendant has been sentenced to life imprisonment, that defendant shall not be eligible for any form of pardon, parole, or early release administered by the State Board of Pardons and Paroles until such person has served a minimum of 14 years in prison; to provide certain exceptions; to provide that such minimum term of imprisonment required for a life sentence shall not be reduced by any earned time, early release, work release, leave, or other sentence-reducing measures under programs administered by the Department of Corrections; to provide that any sentence imposed for the conviction of any serious felony other than a sentence of life imprisonment or life without parole shall be served in its entirety as imposed by the sentencing court and shall not be reduced by any form of parole or early release administered by the State Board of Pardons and Paroles or by any earned time, early release, work release, leave, or other sentence-reducing measures under programs administered by the Department of Corrections, the effect of which would be to reduce the period of incarceration ordered by the sentencing court; to provide for applicability; to provide a conditional effective date and for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.

Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to grants of pardons, paroles, and other relief, is amended by adding between Code Sections 42-9-39 and 42-9-40 a new Code Section 42-9-39.1 to read as follows:
"42-9-39.1.
(a) As used in this Code section, the term 'serious felony' means any felony which constitutes:

(1) Criminal attempt to commit murder, as defined in Code Sections 16-4-1, 16-4-6, and 16-5-1;
(2) Voluntary manslaughter, as defined in Code Section 16-5-2;
(3) Felony involuntary manslaughter, as defined in subsection (a) of Code Section 16-5-3;
(4) Aggravated assault, as defined in paragraph (2) of subsection (a) of Code Section 16-5-21;
(5) Aggravated assault against a peace officer, as defined in subsection (c) of Code Section 16-5-21;
(6) Aggravated battery, as defined in subsection (a) of Code Section 16-5-24;
(7) Aggravated battery against a peace officer, as defined in Code Section 16-5-24;
(8) Hijacking a motor vehicle, as defined in Code Section 16-5-44.1;
(9) Cruelty to children in the first degree, as defined in Code Section 16-5-70;
(10) Feticide, as defined in Code Section 16-5-80;
(11) Aggravated stalking, as defined in Code Section 16-5-91;
(12) Attempted rape, as defined in Code Sections 16-4-1 and 16-6-1;
(13) Statutory rape, as defined in Code Section 16-6-3;
(14) Child molestation, as defined in subsection (a) of Code Section 16-6-4;
(15) Enticing a child for indecent purposes, as defined in Code Section 16-6-5;
(16) Incest, as defined in Code Section 16-6-22;
(17) Robbery, as defined in Code Section 16-8-40;
(18) Bus hijacking, as defined in Code Section 16-12-123; or
(19) Vehicular homicide in the first degree, as defined in subsection (a) of Code Section 40-6-393, committed through a violation of Code Section 40-6-391 or by a habitual violator, as defined in subsection (c) of Code Section 40-6-393.
(b) Except as otherwise provided in subsection (c) of Code Section 42-9-39, for a conviction of a serious felony in which the defendant has been sentenced to life imprisonment, that defendant shall not be eligible for any form of pardon, parole, or early release administered by the State Board of Pardons and Paroles until such person has served a minimum of 14 years in prison; provided, however, that the provisions of Article IV, Section II, Paragraph II(e) of the Constitution shall be applicable. The minimum term of imprisonment provided for in this subsection shall not be reduced by any earned time, early release, work release, leave, or other sentence-reducing measures under programs administered by the Department of Corrections.
(c) Any sentence imposed for the conviction of any serious felony other than a sentence of life imprisonment or life without parole shall be served in its entirety as imposed by the sentencing court and shall not be reduced by any form of parole or early release administered by the State Board of Pardons and Paroles or by any earned time, early release, work release, leave, or other sentence-reducing measures under programs administered by the Department of Corrections, the effect of which would be to reduce the period of incarceration ordered by the sentencing court.
(d) The provisions of this Code section shall apply to sentences imposed on or after January 1, 2003."

This Act shall become effective upon ratification by the voters of this state at the November, 2002, general election of the proposed amendment to Article IV, Section II, Paragraph II of the Constitution entitled "Proposing an amendment to the Constitution so as to provide that the General Assembly may by general law approved by two-thirds of the members thereof provide for sentences which are required to be served in their entirety for persons convicted of attempted rape, voluntary manslaughter, felony involuntary manslaughter, aggravated battery, homicide by vehicle in the first degree involving either driving under the influence or a habitual violator, hijacking a motor vehicle, criminal attempt to commit murder, aggravated assault, enticing a child for indecent purposes, cruelty to children, child molestation, feticide, incest, statutory rape, hijacking a bus or rail vehicle, robbery, or aggravated stalking, and, when so provided by such Act, the State Board of Pardons and Paroles shall not have the authority to consider such persons for pardon, parole, or commutation during that portion of the sentence; to provide exceptions; to provide for the submission of this amendment for ratification or rejection; and for other purposes."; provided, however, that if such amendment is not so ratified, this Act shall be null and void and shall stand repealed in its entirety.